- GENERAL BUSINESS DISTRICT B-3
The General Business District (B-3) is designed to provide sites for diversified business types and is often located so as to serve passerby traffic. These uses are generally characterized by generating large volumes of vehicular traffic. This district is intended to prohibit establishments which require outdoor storage of goods and materials. The district will generally be used adjacent to high volume major thoroughfares.
No building, structure or land shall be erected or used in a B-3, General Business, District unless a site plan therefor has been approved per the provisions of section 5.22.
(Ord. No. 1048, 1-5-81; Ord. No. 1793, § 14, 8-19-24)
In a general business district (B-3), no building, structure or land shall be erected or used except for the following specified uses unless otherwise provided in this chapter:
(1)
Medical offices, including clinics, and medical laboratories, and medical marihuana safety compliance centers (See article 4, section 5.22-7 for requirements).
(a)
Mobile medical trailers are permitted in conjunction with an existing and occupied medical office/facility use on the same property in accordance with the following:
i.
Mobile medical trailers must be housed in attached or detached accessory structures, with or without a roof, with overhead and/or access door(s) to maneuver the mobile medical trailer into and out of the structure, with the following conditions:
a.
If no roof is proposed, the enclosing walls shall be not less in height than the height of the highest portion of the mobile medical trailer;
b.
All structure facades are to exhibit a durable material (i.e. stone, brick, or other materials determined to be adequately durable for commercial application by the city planner and/or building official) at the base of the structure either three (3) feet in height or to the sill line of any exterior windows (whichever is lower);
c.
If not attached to the principal building, an accessible route from the primary medical office use/facility to the mobile medical trailer must be designated as part of the planning department review process and designed in accordance with relevant State of Michigan Barrier-Free and Federal ADA requirements;
ii.
Any unenclosed mobile medical trailer which was unlawfully located and/or operated prior to the effective date of this section must be removed as of the effective date of this section.
iii.
All mobile medical trailers and enclosing structures must adhere to requirements set forth by the State of Michigan Department of Community Health regarding approval for operation of the mobile medical trailer.
(2)
Banks and similar financial institutions.
(3)
Post offices.
(4)
Private clubs or lodges.
(5)
Nursery schools.
(6)
Photographic studios and interior decorating studios.
(7)
Photographic reproduction, blueprinting and print shop.
(8)
Funeral homes.
(9)
Personal services.
(10)
Stores of a generally recognized retail nature which supply commodities on the premises, such as, but not limited to: groceries, meats, dairy products, baked goods or other foods, drugs, dry goods, clothing, notions and hardware.
(11)
Veterinary clinics and veterinary hospitals provided all activities are conducted within a permanently enclosed building.
(12)
Publicly owned buildings, public utility buildings, including electric transformer stations, and substations and gas regulator stations excluding storage yards, water and sewer pumping stations.
(13)
Establishments of electricians, plumbers, heating contractors, bakers, painters, or similar trades in conjunction with a retail sales operation.
(14)
Assembly halls, concert halls, religious institutions, or similar places of assembly, but excluding theaters and when conducted within enclosed buildings.
(15)
Open-air retail sales of plant materials and sales of lawn furniture, playground equipment and garden supplies provided that:
(a)
The open-air sales area is enclosed with a fence.
(b)
That such sales area is in conjunction with indoor sales of the same general type.
(c)
That the square footage of the open sales area is no greater than the indoor sales area.
(16)
Hotels.
(17)
Free-standing restaurants and carry-out restaurants, and restaurants and carry out restaurants when attached to, and located within a shopping center building complex. Excluding drive-in, fast food restaurants, any restaurant with a drive-thru, any restaurant with a bar/lounge, and any restaurant open twenty-four (24) hours.
(18)
Accessory buildings or uses customarily incidental to any of the above permitted uses which are of the character of a personal or administrative service or a retail facility for a product on a "cash and carry" basis.
(19)
Health and fitness clubs.
(Ord. No. 1224, 2-16-87; Ord. No. 1279, 5-22-89; Ord. No. 1282, 5-22-89; Ord. No. 1426, 9-24-98; Ord. No. 1699, § 14, 12-27-18; Ord. No. 1709, § 8, 10-3-19; Ord. No. 1745, § 10, 11-4-21)
The following uses may be permitted in the general business (B-3) zoning district upon the review and approval of the city council after a recommendation from the planning commission. The use or uses shall only be approved when the following general standards have been satisfied and subject to the conditions hereinafter imposed.
(1)
Standards.
(a)
The proposed use or uses must be of such size and character that it will be in harmony with the appropriate and orderly development of the general business district.
(b)
The location, size, intensity and periods of operation of any such proposed use may be designed to eliminate any possible nuisance likely to emanate therefrom which might be adverse to occupants of any other nearby permitted uses.
(c)
The proposed use must be in accord with the spirit and purpose of this chapter and not be inconsistent with, or contrary to, the objectives sought to be accomplished by this chapter and principles of sound planning.
(d)
The proposed use is of such character and the vehicular traffic generated will not have an adverse effect, or be detrimental, to the surrounding land uses or the adjacent thoroughfares.
(e)
The proposed use is of such character and intensity and arranged on the site so as to eliminate any adverse effects resulting from noise, dust, dirt, glare, odor or fumes.
(f)
The proposed use, or change in use, will not be adverse to the promotion of the health, safety and welfare of the community.
(g)
The proposed use, or change in use, must be designed and operated so as to provide security and safety to the employees and the general public.
(2)
Uses.
(a)
Recreation centers, similar to bowling alleys, skating rinks, archery ranges, dance studios, amusement areas, arcades with a minimum of one hundred (100) gross square feet of floor area per machine and if located within a building or structure containing other uses, the amusement arcade shall be separated and segregated from such other uses by the means of approved walls, rails, fences or similar approved means as to specifically delineate the area in which said machines are to be located, the minimum square footage of floor area per machine being measured thereby, and similar forms of commercial recreation or amusement when conducted wholly within a completely enclosed building.
(b)
Motor vehicle washing, conveyor or non-conveyor type, when completely enclosed in a building excepting points of ingress and egress and subject to the following conditions:
(1)
All cleaning operations shall be completely enclosed within a building.
(2)
A hard-surfaced driveway of one (1) or more lanes shall be constructed on the parcel in such a manner as to provide for a continuous movement of cars into the wash rack.
(3)
The driveway as provided shall be not less than ten (10) feet wide for a single lane and not less than ten (10) additional feet in width for each additional lane.
(4)
Where only a single lane is provided, it shall be used for no other purpose than to provide access to the wash rack. All lanes provided shall be suitable protected from interference by other traffic.
(5)
The total length of the required lane or lanes so provided for a conveyor type wash rack shall be determined by the overall length of the building, including areas having side walls but not roof. In any building where the washing operation moves in other than a straight line, the length of the building, for the purposes of this section, shall be the distance measured along the centerline of the conveyor or wash line from the point of entry to the point of exit from the building. The overall length of the required lane or lanes, as measured along the centerline, shall be determined in accordance with the following formula:
Where the building is eighty (80) feet or less in overall length, the total required lanes shall be not less than four hundred (400) feet in length. Where the building exceeds eighty (80) feet in length, the length of the required lane or lanes shall be increased fifty (50) feet for each ten (10) feet or fraction thereof by which the building exceeds eighty (80) feet in overall length.
(6)
For a non-conveyor type auto wash, five (5) waiting spaces for each twenty (20) feet in length, shall be provided for each washing stall on the entrance side of the stall and two (2) spaces per stall shall be provided on the exit side for a drying area.
(7)
The site shall be designed in such a manner that no operations are conducted off the parcel.
(8)
A building setback of at least sixty (60) feet must be maintained from the proposed or existing street right-of-way, whichever is greater.
(9)
Ingress and egress points shall be located at least sixty (60) feet from the intersection formed by the existing or proposed right-of-way lines, whichever is greater, and shall be directly from a major thoroughfare.
(10)
The site shall be drained so as to dispose of all surface water in such a way as to preclude drainage of water onto adjacent property.
(11)
Gasoline sales shall be permitted on the property provided there is compliance with section 5.169, paragraph 2 (b-4) and 2 (c) of this chapter.
(c)
Gasoline stations. Prohibited activities include, but are not limited to, the following: the sale of medical marihuana or medical marihuana-infused products, trailer renting and leasing, motor vehicle body repair, undercoating, painting, tire recapping, engine rebuilding, motor vehicle dismantling, upholstery work, and other such activities whose adverse external physical effects would extend beyond the property line.
City council review and approval shall be for the purpose of maintaining the health, safety and welfare of the community. The city council shall approve the use only after finding that the use is so arranged that the gasoline station will not adversely affect the normal development or use of adjacent property and further, that the gasoline station will be constructed in accordance with the following development standards.
(1)
One hundred twenty (120) feet of street frontage on the lot proposed for the gasoline station shall be provided on the principal street serving the station.
(2)
The lot shall contain not less than twelve thousand (12,000) square feet in area.
(3)
All buildings shall be set back not less than forty (40) feet from all existing or proposed street right-of-way lines, whichever is greater.
(4)
Gasoline pumps, air and water hose stands and other appurtenances shall be set back not less than fifteen (15) feet from all street right-of-way lines.
(5)
Driveway widths entering the gasoline station shall have a maximum width of thirty-five (35) feet. Curb openings for such driveways shall be in accordance with the City of Southfield Standard Deceleration Lane.
(6)
Any driveway approach shall enter the property not less than twenty (20) feet from the intersection formed by the existing or proposed right-of-way lines as set forth in the official thoroughfare plan, and not less than fifteen (15) feet from any adjoining property line.
(7)
Curbs in accordance with standard city specifications shall be constructed on all streets adjacent to the gasoline station site.
(8)
Lighting shall be shielded from residential property.
(9)
No storage nor display of any kind shall be allowed within the street right-of-way. All display shall be so located as not to obstruct view of vehicles.
(10)
Outside storage, retail display, and exterior ice chests.
(a)
Gasoline filling stations:
1.
Shall not have any outside storage or retail display.
2.
May have exterior ice chests if compliant with and in accordance with section 5.28-2 exterior ice chests.
(b)
Gasoline service stations:
1.
Shall not have outside storage or display except for the display of new merchandise related to the primary use of a gasoline service station (i.e., automotive accessories such as windshield washer fluid, motor oil, wipers, scrapers, or similar as determined by the city planner) which may only remain outside for display and retail sales during the hours of operation of the gasoline service bays.
2.
May have exterior ice chests if compliant with and in accordance with section 5.28-2 exterior ice chests.
Exterior convenience items (such as newspaper boxes, vending machines, propane tanks/cages, or similar, as determined by the city planner) are strictly prohibited. Any exterior convenience items which were unlawfully installed and maintained prior to the effective date of this section must be removed as of the effective date of this section.
(11)
There shall be no parking of damaged motor vehicles except on a temporary basis for seventy-two (72) hours or less. Junk parts and junk vehicles shall not be kept on the outside of the building.
(12)
Automobile leasing may be permitted in connection with a gasoline service or gasoline filling station upon the special approval of the city council and subject to the provisions that the number of automobiles on the site that are available for lease shall not exceed one (1) automobile for each one thousand (1,000) square feet of lot area and shall not be located in areas that are required for parking, aisle ways, service bays, loading, landscaping or sidewalks.
(13)
The landscape requirement for a gasoline station shall be not less than twelve and one-half (12.5) feet along a street frontage. The landscape strip need not be provided at points of approved vehicular access and may incorporate vegetated stormwater control measures.
(14)
Parking shall be determined by applying the appropriate parking standards based on the category of gasoline station (either gasoline filling station or gasoline service station) according to section 5.30, off-street parking requirements, except for in the case of gasoline filling/service station with ancillary retail sales area, in which case, in addition to said requirement, additional parking shall be provided per section 5.30, off-street parking requirements.
(15)
Retail sales of automotive and nonautomotive products for sale inside the building shall be acceptable except as otherwise noted in this section.
(16)
Separate special approval for restaurants (or the sale of food items subject to licensing by the Michigan Department of Agriculture or the Oakland County Health Department) is required.
(17)
Retail sales of the following (for consumption off the premises, in conjunction with the use of the property as a gasoline filing or service station, and subject to licensing by the State of Michigan Liquor Control Commission) require special approval:
(a)
Beer and wine only.
(b)
Beer, wine, mixed spirit drink products and/or spirits.
(d)
Automobile repair and service facilities subject to the following provisions:
(1)
Minor repair and service of automobiles are permitted with prohibited activities including, but not limited to, truck and trailer renting and leasing, motor vehicle body repair, undercoating, painting, tire recapping, engine and transmission rebuilding, motor vehicle dismantling, upholstery work, and other such activities whose adverse external physical effects would extend beyond the property line.
(2)
All activities shall be conducted in an enclosed building.
(3)
All buildings shall be set back not less than forty (40) feet from all existing or proposed street right-of-way lines, whichever is greater.
(4)
No storage nor display of any kind shall be allowed within the street right-of-way. All display shall be so located as not to obstruct view of vehicles.
(5)
There shall be no outside storage or display of any kind except for the display of new merchandise to the primary use of the facility and for retail sale during the hours of operation of the facility.
(6)
There shall be no parking of damaged motor vehicles except on a temporary basis not to exceed seventy-two (72) hours. Junk parts and junk vehicles shall not be kept on the outside of the building.
(7)
Parking shall be provided on the site at a ratio of one (1) parking space for each three thousand (3,000) square feet of site area.
(8)
Automobile leasing may be permitted subject to the provisions that the number of automobiles on the site that are available for lease shall not exceed one (1) automobile for each one thousand (1,000) square feet of lot area and shall not be located in areas that are required for parking, aisle ways, service bays, loading, landscaping or sidewalks.
(9)
The parking of tow trucks shall be permitted only in designated areas and shall not be permitted in the corner clearance areas.
(e)
Automobile and truck agency sales and showrooms subject to the following provisions:
(1)
The automobile and truck sales agency must be located on a site having a frontage on a major thoroughfare of not less than one hundred and fifty (150) feet and an area of not less than two (2).
(2)
Ingress and egress to the outdoor sales area shall be at least sixty (60) feet from the intersection formed by the existing or proposed right-of-way lines, whichever is greater.
(3)
Major repair and major refinishing shops will be permitted as accessory when located not less than two hundred (200) feet from residentially zoned property and conducted entirely within an enclosed building.
(4)
No outside storage of discarded or salvaged materials, junk vehicles or junk parts shall be permitted on the premises.
(5)
The outside display of new and used automobiles and trucks shall be permitted but the outside storage of vehicles shall be limited to new vehicles and such storage area shall occupy no more than thirty-five (35) percent of a lot which is used for new vehicle sales.
(6)
A fifteen (15) foot landscaped setback shall be provided between any existing or proposed right-of-way line, whichever is greater, and any outdoor display of new or used automobiles.
(7)
All lighting shall be shielded from adjacent residential districts and the use of open or base bulbs shall be prohibited.
(8)
No outside loud speaker or outside public address system shall be used.
(f)
Drive-in and fast food restaurants, any restaurant with a drive-thru, any restaurant with a bar/lounge and any restaurant open twenty-four (24) hours.
(g)
Open-air display and sale of motor homes, camping trailers, vehicles other than trucks and automobiles, home owners gardening equipment and etc., provided there is no outside storage and further provided, that there shall be no display in areas that are required for parking, aisle ways, loading or sidewalks.
(h)
Retail sales operations specializing in primarily handcrafted, used merchandise and antiques which are displayed on portable tables in undivided open areas or in booth or stall-like enclosures using an arcade as a common entrance and being separated from each other by portable partitions. Said retail sales operations shall include, but shall not be limited to, so-called farmers' markets, flea markets, trading posts and the like.
(i)
Executive, administrative and professional offices.
(j)
Motels.
(k)
Theaters.
(l)
Alternative financial services (AFS), subject to the following conditions pawn shops, subject to the following conditions:
(1)
Cannot be located any nearer than one thousand five hundred (1,500) feet to any other alternative financial services establishment or pawn shops.
(2)
Cannot be located any nearer than five hundred (500) feet to any residential zoning district, schools, religious institutions, parks, or childcare facilities.
(3)
Hours of operation are limited to 8:00 a.m. to 8:00 p.m.
(4)
Drive-thru transaction stations are prohibited.
(5)
The petitioner is to implement the recommendations made by the Southfield Police Department's Crime Prevention Bureau regarding site security.
(6)
Note: Other retail establishments where less than ten (10) percent of usable floor space is dedicated for AFS services are not subject to items 1—5 above.
(m)
Pawn shops, subject to the following:
(1)
Cannot be located any nearer than one thousand five hundred (1,500) feet to any other pawn shops or alternative financial services establishment.
(2)
Cannot be located any nearer than five hundred (500) feet to any residential zoning district, schools, religious institutions, parks, childcare facilities, firearm dealers or businesses selling alcohol.
(3)
Hours of operation are limited to 8:00 a.m. to 8:00 p.m.
(4)
Requires unobstructed view of the business from a public street, a security plan (window bars, chains, etc. are prohibited), and other approved operating and development standards.
(5)
At least thirty (30) percent of a first-floor façade that faces a public street shall be windows or doors of clear or lightly tinted glass that allow views into the building at eye level. The business window shall not be obscured in any way, including by temporary or painted window signs. Neon signs are prohibited. The petitioner is to implement the recommendations made by the Southfield Police Department's Crime Prevention Bureau regarding site security.
(6)
All receipt, sorting or processing of goods shall occur within a completely enclosed building.
(7)
The building shall have lighting to provide illumination for security and safety of parking and access areas.
(n)
Smoking lounges, subject to the following conditions:
(1)
Must be approved by the State of Michigan Department of Community Health as a tobacco specialty retail store or cigar bar and possess a valid exemption of the State of Michigan smoking prohibition of Section 12603, Public Act 368 of 1978. Smoking lounges not possessing a valid state exemption as a tobacco specialty retail store or cigar bar are not permitted.
(2)
Hours of operation are limited to 10:00 a.m. to 12:00 a.m.
(3)
Cannot be located any nearer than one thousand five hundred (1,500) feet to any other smoking lounges.
(4)
Minimum separation between uses:
a.
Cannot be located any nearer than two hundred (200) feet to any residential use (measured by the shortest distance between the exterior of the portion of the structure occupied by the smoking lounge to the parcel line of the residential use).
b.
Cannot be located any nearer than two hundred (200) feet to any outdoor playground of a school, childcare facility, religious institution, park, or similar use (measured by the shortest distance between the exterior of the portion of the structure occupied by the smoking lounge to the outer perimeter of the playground).
(5)
Outdoor smoking: Outdoor patios used for smoking cannot be any closer than twenty (20) feet from any other business entrance or outside dining area of another business, nor any nearer than three hundred (300) feet to any residentially used parcel or any outdoor playground of a school, childcare facility religious institution, park, or similar use.
(6)
Odor control: Smoking lounges shall provide adequate ventilation for the smoke in accordance with all requirements imposed by the building and fire departments. At a minimum, the ventilation system shall also assure that smoke from the smoking lounge is incapable of migrating into any other portion of the building hosting the smoking lounge or into any other building or premises in the vicinity of the smoking lounge. A detailed description of the odor control methods and equipment the smoking lounge will utilize to comply with this section shall be required. Exception: outdoor patios approved per subsection (5) above.
(7)
The interior of the smoking lounge shall be maintained with adequate illumination to make the conduct of patrons within the premises readily discernible to persons with normal visual acuity.
(8)
No window coverings shall prevent visibility of the interior of the smoking lounge from outside the premises during operating hours. Any proposed window tint shall be approved in advance by the police department.
(9)
The maximum occupancy level for a smoking lounge shall be established by the fire department.
(o)
Shelters for the homeless, subject to the following conditions:
(1)
The facility must be operated by a recognized human service agency (or religious institution), incorporated by the state and which is not for profit.
(2)
Resident manager and support services shall be provided.
(3)
Cannot be located any nearer than two thousand (2,000) feet to any other emergency shelter for the homeless or soup kitchen.
(4)
Cannot be located any nearer than five hundred (500) feet to any school, park, childcare facility, firearm dealer or business selling alcohol.
(5)
Must be located on a major thoroughfare.
(6)
Maximum occupancy is limited to thirty (30) persons.
(7)
Facilities jointly operated as an emergency shelter for the homeless and soup kitchen must also meet the requirements for soup kitchens.
(p)
Soup kitchens, subject to the following conditions:
(1)
The facility must be operated by a recognized human service agency (or religious institution), incorporated by the state and which is not for profit.
(2)
Must provide proof of license or approval by the Oakland County Health Department.
(3)
Seating shall be provided at one hundred (100) percent of meal service capacity.
(4)
Waiting area(s) shall be on the premise where the meal service is being provided. The owner/operator must ensure that persons receiving service do not block public access to sidewalks, rights-of-way and private property, and that emergency access points are clearly identified and maintained. Adequate space must be available to accommodate the expected number of persons who will be served meals.
(5)
All meals served shall be limited to a consecutive three-hour period within a 24-hour day between the hours of 8:00 a.m. and 7:00 p.m. The hours should be posted and clearly visible to the public. This limitation does not apply to meals served to the residents and staff of a facility that is jointly operated as an emergency shelter for the homeless and a soup kitchen.
(6)
Cannot be located any nearer than two thousand (2,000) feet to any other soup kitchen or emergency shelter for the homeless.
(7)
Cannot be located any nearer than five hundred (500) feet to any school, park, childcare facility, firearm dealer or business selling alcohol.
(8)
Must be located on a major thoroughfare.
(9)
Maximum occupancy is limited to fifty (50) persons.
(q)
Sexually oriented business.
(1)
See article 4section 5.50 sexually oriented business for requirements and conditions.
(2)
The city council may waive the location provision if the following findings are made:
a.
That the proposed use will not be contrary to the public interest or injurious to nearby properties and that the spirit and intent of this chapter will be observed.
b.
That the character of the area shall be maintained.
c.
That all applicable regulations of this chapter will be observed.
d.
That no sexually oriented business is located within two thousand (2,000) feet of the proposed location.
(r)
Cabaret.
(1)
An establishment which wherein food and any type of alcoholic beverage is sold or given away on the premises and the operator holds a yearly license to sell such beverages by the glass and which features any of the following: topless dancers and/or bottomless dancers, go-go dancers, strippers, exotic dancers, male and/or female impersonators or similar entertainers, or topless and/or bottomless waitpersons or employees.
(2)
Purpose. Recognizing that because of their nature, some uses have objectionable operational characteristics, especially when concentrated in small areas, and recognizing that such uses may have a harmful effect on adjacent areas, special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood. These special regulations, and uses subject to these regulations, are as follows:
a.
It shall be unlawful to establish any cabarets except in the B-3 (general business) and I-1 (industrial) districts.
b.
No such uses may be permitted in the B-3 (general business) district within one thousand (1,000) feet of any residential district measured from the lot line of the location of the proposed use.
c.
The city council may waive this location provision if the following findings are made:
1.
That the proposed use will not be contrary to the public interest or injurious to nearby properties and that the spirit and intent of this chapter will be observed.
2.
That the character of the area shall be maintained.
3.
That all applicable regulations of this chapter will be observed.
4.
That no cabaret is located within two thousand (2,000) feet of the proposed location.
d.
Anything herein to the contrary notwithstanding, the city council shall not consider the waiver of the locational requirements as hereinabove set forth until a petition shall have been filed with the city clerk and verified as to sufficiency. Such petition shall indicate approval of the proposed regulated use by fifty-one (51) percent or more of the persons owning property within a radius of one thousand (1,000) feet of the location of the proposed use as measured from the lot line. The petitioner, or his agent, shall attempt to contact all eligible property owners within this radius and must maintain a list of all addresses at which no contact was made.
1.
The petition hereinabove required shall contain an affidavit signed by the party circulating such petition attesting to the fact that the petition was circulated by him and that the circulator personally witnessed the signatures on the petition and that the same were affixed to the petition by the person whose name appeared thereon and that the circulator verily believes that the signers of such petition are persons owning property within one thousand (1,000) feet of the premises mentioned in said petition. Such petition shall also comply with such other rules and regulations as may be promulgated by the city council.
(s)
Medical marihuana provisioning centers (see article 4section 5.22-7 for requirements). Subject to review for upgrades to the site and building(s) for architectural materials, style, compatibility, building elevations, modernization and compliance.
(t)
Small box retail subject to the following conditions:
(1)
Cannot be located any nearer that one (1) mile (5,280 linear feet) as measured from property line to property line to any other small box retail location.
(2)
Hours of operation are limited to 8:00 a.m. to 10:00 p.m.
(3)
Any small box retail location approved prior to the effective date of this section shall be considered a legal nonconforming use.
(u)
Kennel, subject to the following conditions:
(1)
The facility must have an enclosed outdoor run or play area that is designed to prevent objectionable noise or odor.
(2)
All interior operations must have closed windows and maintained air conditioning to limit noise.
(v)
Pet daycare, subject to the following conditions:
(1)
The facility must have an enclosed outdoor run or play area that is designed to prevent objectionable noise or odor.
(2)
All interior operations must have closed windows and maintained air conditioning to limit noise.
(w)
Adult-use marijuana retailers subject to the requirements of article 4, section 5.22-8.
(Ord. No. 1060, 6-8-81; Ord. No. 1104, 10-11-82; Ord. No. 1224, 2-16-87; Ord. No. 1279, 5-22-89; Ord. No. 1282, 5-22-89; Ord. No. 1345, 6-8-92; Ord. No. 1427, 9-24-98; Ord. No. 1501, 5-30-04; Ord. No. 1597, § 1, 11-11-12; Ord. No. 1619, § 5, 3-9-14; Ord. No. 1641, § 6, 5-31-15; Ord. No. 1654, § 7, 3-20-16; Ord. No. 1678, § 13, 7-6-17; Ord. No. 1699, § 14, 12-27-18; Ord. No. 1707, § 1, 9-26-19; Ord. No. 1709, § 9, 10-3-19; Ord. No. 1734, § 8, 4-22-21; Ord. No. 1745, § 10, 11-4-21; Ord. No. 1763, § 5, 1-23-23; Ord. No. 1774, § 4, 8-14-23; Ord. No. 1781, § 3, 12-21-23; Ord. No. 1801, § 2, 12-9-24)
Editor's note— Former subsection (f), which pertained to drive ins and fast food restaurants, was removed by Ord. No. 1707 at the direction of the city.
(1)
All business establishments shall be retail or service establishments dealing directly with consumers. All goods produced on the premises shall be sold at retail on the premises where produced.
(2)
All business, servicing, or processing, except for off-street parking or loading shall be conducted within a completely enclosed building.
(3)
The outdoor storage of goods or materials shall be prohibited irrespective of whether or not they are for sale, except as specifically permitted by other provisions of this district.
(4)
Parking of passenger vehicles not exceeding a net weight of three (3) tons (2.721 metric tons) and all parking shall be for periods of less than forty-eight (48) hours and in accordance with the provisions of article 4. This restriction shall not prohibit the display and storage of vehicles where permitted by other provisions of this district.
(5)
At least fifty (50) percent of any required front yard shall be landscaped. The landscape strip need not be provided at points of approved vehicular access and may incorporate vegetated stormwater control measures. This landscaping requirement is necessary to maintain the transitional character of the area that this district is intended to preserve.
(6)
Landscape plans and green infrastructure/low impact development methods required per article 4section 5.31(21)(b).
(Ord. No. 1275, 5-22-89; Ord. No. 1678, § 13, 7-6-17)
(1)
Necessary directional or regulatory traffic signs which conform to the Michigan Manual of Uniform Traffic Control Devices shall be permitted.
(2)
All light sources shall be shielded from view from residentially zoned property. No lighting fixture shall be so located and directed as to be a hazard to traffic safety.
(Ord. No. 1345, 6-8-92)
See article 22, schedule of regulations, which limits the height and bulk of buildings, determines the permitted development area, and provides minimum yard setback requirements.
Editor's note— Ord. No. 1793, § 14, adopted Aug. 19, 2024, repealed § 5.173, which pertained to provision for a one-year grace period for approved site plans and derived from Ord. No. 1048, adopted Jan. 5, 1981.
- GENERAL BUSINESS DISTRICT B-3
The General Business District (B-3) is designed to provide sites for diversified business types and is often located so as to serve passerby traffic. These uses are generally characterized by generating large volumes of vehicular traffic. This district is intended to prohibit establishments which require outdoor storage of goods and materials. The district will generally be used adjacent to high volume major thoroughfares.
No building, structure or land shall be erected or used in a B-3, General Business, District unless a site plan therefor has been approved per the provisions of section 5.22.
(Ord. No. 1048, 1-5-81; Ord. No. 1793, § 14, 8-19-24)
In a general business district (B-3), no building, structure or land shall be erected or used except for the following specified uses unless otherwise provided in this chapter:
(1)
Medical offices, including clinics, and medical laboratories, and medical marihuana safety compliance centers (See article 4, section 5.22-7 for requirements).
(a)
Mobile medical trailers are permitted in conjunction with an existing and occupied medical office/facility use on the same property in accordance with the following:
i.
Mobile medical trailers must be housed in attached or detached accessory structures, with or without a roof, with overhead and/or access door(s) to maneuver the mobile medical trailer into and out of the structure, with the following conditions:
a.
If no roof is proposed, the enclosing walls shall be not less in height than the height of the highest portion of the mobile medical trailer;
b.
All structure facades are to exhibit a durable material (i.e. stone, brick, or other materials determined to be adequately durable for commercial application by the city planner and/or building official) at the base of the structure either three (3) feet in height or to the sill line of any exterior windows (whichever is lower);
c.
If not attached to the principal building, an accessible route from the primary medical office use/facility to the mobile medical trailer must be designated as part of the planning department review process and designed in accordance with relevant State of Michigan Barrier-Free and Federal ADA requirements;
ii.
Any unenclosed mobile medical trailer which was unlawfully located and/or operated prior to the effective date of this section must be removed as of the effective date of this section.
iii.
All mobile medical trailers and enclosing structures must adhere to requirements set forth by the State of Michigan Department of Community Health regarding approval for operation of the mobile medical trailer.
(2)
Banks and similar financial institutions.
(3)
Post offices.
(4)
Private clubs or lodges.
(5)
Nursery schools.
(6)
Photographic studios and interior decorating studios.
(7)
Photographic reproduction, blueprinting and print shop.
(8)
Funeral homes.
(9)
Personal services.
(10)
Stores of a generally recognized retail nature which supply commodities on the premises, such as, but not limited to: groceries, meats, dairy products, baked goods or other foods, drugs, dry goods, clothing, notions and hardware.
(11)
Veterinary clinics and veterinary hospitals provided all activities are conducted within a permanently enclosed building.
(12)
Publicly owned buildings, public utility buildings, including electric transformer stations, and substations and gas regulator stations excluding storage yards, water and sewer pumping stations.
(13)
Establishments of electricians, plumbers, heating contractors, bakers, painters, or similar trades in conjunction with a retail sales operation.
(14)
Assembly halls, concert halls, religious institutions, or similar places of assembly, but excluding theaters and when conducted within enclosed buildings.
(15)
Open-air retail sales of plant materials and sales of lawn furniture, playground equipment and garden supplies provided that:
(a)
The open-air sales area is enclosed with a fence.
(b)
That such sales area is in conjunction with indoor sales of the same general type.
(c)
That the square footage of the open sales area is no greater than the indoor sales area.
(16)
Hotels.
(17)
Free-standing restaurants and carry-out restaurants, and restaurants and carry out restaurants when attached to, and located within a shopping center building complex. Excluding drive-in, fast food restaurants, any restaurant with a drive-thru, any restaurant with a bar/lounge, and any restaurant open twenty-four (24) hours.
(18)
Accessory buildings or uses customarily incidental to any of the above permitted uses which are of the character of a personal or administrative service or a retail facility for a product on a "cash and carry" basis.
(19)
Health and fitness clubs.
(Ord. No. 1224, 2-16-87; Ord. No. 1279, 5-22-89; Ord. No. 1282, 5-22-89; Ord. No. 1426, 9-24-98; Ord. No. 1699, § 14, 12-27-18; Ord. No. 1709, § 8, 10-3-19; Ord. No. 1745, § 10, 11-4-21)
The following uses may be permitted in the general business (B-3) zoning district upon the review and approval of the city council after a recommendation from the planning commission. The use or uses shall only be approved when the following general standards have been satisfied and subject to the conditions hereinafter imposed.
(1)
Standards.
(a)
The proposed use or uses must be of such size and character that it will be in harmony with the appropriate and orderly development of the general business district.
(b)
The location, size, intensity and periods of operation of any such proposed use may be designed to eliminate any possible nuisance likely to emanate therefrom which might be adverse to occupants of any other nearby permitted uses.
(c)
The proposed use must be in accord with the spirit and purpose of this chapter and not be inconsistent with, or contrary to, the objectives sought to be accomplished by this chapter and principles of sound planning.
(d)
The proposed use is of such character and the vehicular traffic generated will not have an adverse effect, or be detrimental, to the surrounding land uses or the adjacent thoroughfares.
(e)
The proposed use is of such character and intensity and arranged on the site so as to eliminate any adverse effects resulting from noise, dust, dirt, glare, odor or fumes.
(f)
The proposed use, or change in use, will not be adverse to the promotion of the health, safety and welfare of the community.
(g)
The proposed use, or change in use, must be designed and operated so as to provide security and safety to the employees and the general public.
(2)
Uses.
(a)
Recreation centers, similar to bowling alleys, skating rinks, archery ranges, dance studios, amusement areas, arcades with a minimum of one hundred (100) gross square feet of floor area per machine and if located within a building or structure containing other uses, the amusement arcade shall be separated and segregated from such other uses by the means of approved walls, rails, fences or similar approved means as to specifically delineate the area in which said machines are to be located, the minimum square footage of floor area per machine being measured thereby, and similar forms of commercial recreation or amusement when conducted wholly within a completely enclosed building.
(b)
Motor vehicle washing, conveyor or non-conveyor type, when completely enclosed in a building excepting points of ingress and egress and subject to the following conditions:
(1)
All cleaning operations shall be completely enclosed within a building.
(2)
A hard-surfaced driveway of one (1) or more lanes shall be constructed on the parcel in such a manner as to provide for a continuous movement of cars into the wash rack.
(3)
The driveway as provided shall be not less than ten (10) feet wide for a single lane and not less than ten (10) additional feet in width for each additional lane.
(4)
Where only a single lane is provided, it shall be used for no other purpose than to provide access to the wash rack. All lanes provided shall be suitable protected from interference by other traffic.
(5)
The total length of the required lane or lanes so provided for a conveyor type wash rack shall be determined by the overall length of the building, including areas having side walls but not roof. In any building where the washing operation moves in other than a straight line, the length of the building, for the purposes of this section, shall be the distance measured along the centerline of the conveyor or wash line from the point of entry to the point of exit from the building. The overall length of the required lane or lanes, as measured along the centerline, shall be determined in accordance with the following formula:
Where the building is eighty (80) feet or less in overall length, the total required lanes shall be not less than four hundred (400) feet in length. Where the building exceeds eighty (80) feet in length, the length of the required lane or lanes shall be increased fifty (50) feet for each ten (10) feet or fraction thereof by which the building exceeds eighty (80) feet in overall length.
(6)
For a non-conveyor type auto wash, five (5) waiting spaces for each twenty (20) feet in length, shall be provided for each washing stall on the entrance side of the stall and two (2) spaces per stall shall be provided on the exit side for a drying area.
(7)
The site shall be designed in such a manner that no operations are conducted off the parcel.
(8)
A building setback of at least sixty (60) feet must be maintained from the proposed or existing street right-of-way, whichever is greater.
(9)
Ingress and egress points shall be located at least sixty (60) feet from the intersection formed by the existing or proposed right-of-way lines, whichever is greater, and shall be directly from a major thoroughfare.
(10)
The site shall be drained so as to dispose of all surface water in such a way as to preclude drainage of water onto adjacent property.
(11)
Gasoline sales shall be permitted on the property provided there is compliance with section 5.169, paragraph 2 (b-4) and 2 (c) of this chapter.
(c)
Gasoline stations. Prohibited activities include, but are not limited to, the following: the sale of medical marihuana or medical marihuana-infused products, trailer renting and leasing, motor vehicle body repair, undercoating, painting, tire recapping, engine rebuilding, motor vehicle dismantling, upholstery work, and other such activities whose adverse external physical effects would extend beyond the property line.
City council review and approval shall be for the purpose of maintaining the health, safety and welfare of the community. The city council shall approve the use only after finding that the use is so arranged that the gasoline station will not adversely affect the normal development or use of adjacent property and further, that the gasoline station will be constructed in accordance with the following development standards.
(1)
One hundred twenty (120) feet of street frontage on the lot proposed for the gasoline station shall be provided on the principal street serving the station.
(2)
The lot shall contain not less than twelve thousand (12,000) square feet in area.
(3)
All buildings shall be set back not less than forty (40) feet from all existing or proposed street right-of-way lines, whichever is greater.
(4)
Gasoline pumps, air and water hose stands and other appurtenances shall be set back not less than fifteen (15) feet from all street right-of-way lines.
(5)
Driveway widths entering the gasoline station shall have a maximum width of thirty-five (35) feet. Curb openings for such driveways shall be in accordance with the City of Southfield Standard Deceleration Lane.
(6)
Any driveway approach shall enter the property not less than twenty (20) feet from the intersection formed by the existing or proposed right-of-way lines as set forth in the official thoroughfare plan, and not less than fifteen (15) feet from any adjoining property line.
(7)
Curbs in accordance with standard city specifications shall be constructed on all streets adjacent to the gasoline station site.
(8)
Lighting shall be shielded from residential property.
(9)
No storage nor display of any kind shall be allowed within the street right-of-way. All display shall be so located as not to obstruct view of vehicles.
(10)
Outside storage, retail display, and exterior ice chests.
(a)
Gasoline filling stations:
1.
Shall not have any outside storage or retail display.
2.
May have exterior ice chests if compliant with and in accordance with section 5.28-2 exterior ice chests.
(b)
Gasoline service stations:
1.
Shall not have outside storage or display except for the display of new merchandise related to the primary use of a gasoline service station (i.e., automotive accessories such as windshield washer fluid, motor oil, wipers, scrapers, or similar as determined by the city planner) which may only remain outside for display and retail sales during the hours of operation of the gasoline service bays.
2.
May have exterior ice chests if compliant with and in accordance with section 5.28-2 exterior ice chests.
Exterior convenience items (such as newspaper boxes, vending machines, propane tanks/cages, or similar, as determined by the city planner) are strictly prohibited. Any exterior convenience items which were unlawfully installed and maintained prior to the effective date of this section must be removed as of the effective date of this section.
(11)
There shall be no parking of damaged motor vehicles except on a temporary basis for seventy-two (72) hours or less. Junk parts and junk vehicles shall not be kept on the outside of the building.
(12)
Automobile leasing may be permitted in connection with a gasoline service or gasoline filling station upon the special approval of the city council and subject to the provisions that the number of automobiles on the site that are available for lease shall not exceed one (1) automobile for each one thousand (1,000) square feet of lot area and shall not be located in areas that are required for parking, aisle ways, service bays, loading, landscaping or sidewalks.
(13)
The landscape requirement for a gasoline station shall be not less than twelve and one-half (12.5) feet along a street frontage. The landscape strip need not be provided at points of approved vehicular access and may incorporate vegetated stormwater control measures.
(14)
Parking shall be determined by applying the appropriate parking standards based on the category of gasoline station (either gasoline filling station or gasoline service station) according to section 5.30, off-street parking requirements, except for in the case of gasoline filling/service station with ancillary retail sales area, in which case, in addition to said requirement, additional parking shall be provided per section 5.30, off-street parking requirements.
(15)
Retail sales of automotive and nonautomotive products for sale inside the building shall be acceptable except as otherwise noted in this section.
(16)
Separate special approval for restaurants (or the sale of food items subject to licensing by the Michigan Department of Agriculture or the Oakland County Health Department) is required.
(17)
Retail sales of the following (for consumption off the premises, in conjunction with the use of the property as a gasoline filing or service station, and subject to licensing by the State of Michigan Liquor Control Commission) require special approval:
(a)
Beer and wine only.
(b)
Beer, wine, mixed spirit drink products and/or spirits.
(d)
Automobile repair and service facilities subject to the following provisions:
(1)
Minor repair and service of automobiles are permitted with prohibited activities including, but not limited to, truck and trailer renting and leasing, motor vehicle body repair, undercoating, painting, tire recapping, engine and transmission rebuilding, motor vehicle dismantling, upholstery work, and other such activities whose adverse external physical effects would extend beyond the property line.
(2)
All activities shall be conducted in an enclosed building.
(3)
All buildings shall be set back not less than forty (40) feet from all existing or proposed street right-of-way lines, whichever is greater.
(4)
No storage nor display of any kind shall be allowed within the street right-of-way. All display shall be so located as not to obstruct view of vehicles.
(5)
There shall be no outside storage or display of any kind except for the display of new merchandise to the primary use of the facility and for retail sale during the hours of operation of the facility.
(6)
There shall be no parking of damaged motor vehicles except on a temporary basis not to exceed seventy-two (72) hours. Junk parts and junk vehicles shall not be kept on the outside of the building.
(7)
Parking shall be provided on the site at a ratio of one (1) parking space for each three thousand (3,000) square feet of site area.
(8)
Automobile leasing may be permitted subject to the provisions that the number of automobiles on the site that are available for lease shall not exceed one (1) automobile for each one thousand (1,000) square feet of lot area and shall not be located in areas that are required for parking, aisle ways, service bays, loading, landscaping or sidewalks.
(9)
The parking of tow trucks shall be permitted only in designated areas and shall not be permitted in the corner clearance areas.
(e)
Automobile and truck agency sales and showrooms subject to the following provisions:
(1)
The automobile and truck sales agency must be located on a site having a frontage on a major thoroughfare of not less than one hundred and fifty (150) feet and an area of not less than two (2).
(2)
Ingress and egress to the outdoor sales area shall be at least sixty (60) feet from the intersection formed by the existing or proposed right-of-way lines, whichever is greater.
(3)
Major repair and major refinishing shops will be permitted as accessory when located not less than two hundred (200) feet from residentially zoned property and conducted entirely within an enclosed building.
(4)
No outside storage of discarded or salvaged materials, junk vehicles or junk parts shall be permitted on the premises.
(5)
The outside display of new and used automobiles and trucks shall be permitted but the outside storage of vehicles shall be limited to new vehicles and such storage area shall occupy no more than thirty-five (35) percent of a lot which is used for new vehicle sales.
(6)
A fifteen (15) foot landscaped setback shall be provided between any existing or proposed right-of-way line, whichever is greater, and any outdoor display of new or used automobiles.
(7)
All lighting shall be shielded from adjacent residential districts and the use of open or base bulbs shall be prohibited.
(8)
No outside loud speaker or outside public address system shall be used.
(f)
Drive-in and fast food restaurants, any restaurant with a drive-thru, any restaurant with a bar/lounge and any restaurant open twenty-four (24) hours.
(g)
Open-air display and sale of motor homes, camping trailers, vehicles other than trucks and automobiles, home owners gardening equipment and etc., provided there is no outside storage and further provided, that there shall be no display in areas that are required for parking, aisle ways, loading or sidewalks.
(h)
Retail sales operations specializing in primarily handcrafted, used merchandise and antiques which are displayed on portable tables in undivided open areas or in booth or stall-like enclosures using an arcade as a common entrance and being separated from each other by portable partitions. Said retail sales operations shall include, but shall not be limited to, so-called farmers' markets, flea markets, trading posts and the like.
(i)
Executive, administrative and professional offices.
(j)
Motels.
(k)
Theaters.
(l)
Alternative financial services (AFS), subject to the following conditions pawn shops, subject to the following conditions:
(1)
Cannot be located any nearer than one thousand five hundred (1,500) feet to any other alternative financial services establishment or pawn shops.
(2)
Cannot be located any nearer than five hundred (500) feet to any residential zoning district, schools, religious institutions, parks, or childcare facilities.
(3)
Hours of operation are limited to 8:00 a.m. to 8:00 p.m.
(4)
Drive-thru transaction stations are prohibited.
(5)
The petitioner is to implement the recommendations made by the Southfield Police Department's Crime Prevention Bureau regarding site security.
(6)
Note: Other retail establishments where less than ten (10) percent of usable floor space is dedicated for AFS services are not subject to items 1—5 above.
(m)
Pawn shops, subject to the following:
(1)
Cannot be located any nearer than one thousand five hundred (1,500) feet to any other pawn shops or alternative financial services establishment.
(2)
Cannot be located any nearer than five hundred (500) feet to any residential zoning district, schools, religious institutions, parks, childcare facilities, firearm dealers or businesses selling alcohol.
(3)
Hours of operation are limited to 8:00 a.m. to 8:00 p.m.
(4)
Requires unobstructed view of the business from a public street, a security plan (window bars, chains, etc. are prohibited), and other approved operating and development standards.
(5)
At least thirty (30) percent of a first-floor façade that faces a public street shall be windows or doors of clear or lightly tinted glass that allow views into the building at eye level. The business window shall not be obscured in any way, including by temporary or painted window signs. Neon signs are prohibited. The petitioner is to implement the recommendations made by the Southfield Police Department's Crime Prevention Bureau regarding site security.
(6)
All receipt, sorting or processing of goods shall occur within a completely enclosed building.
(7)
The building shall have lighting to provide illumination for security and safety of parking and access areas.
(n)
Smoking lounges, subject to the following conditions:
(1)
Must be approved by the State of Michigan Department of Community Health as a tobacco specialty retail store or cigar bar and possess a valid exemption of the State of Michigan smoking prohibition of Section 12603, Public Act 368 of 1978. Smoking lounges not possessing a valid state exemption as a tobacco specialty retail store or cigar bar are not permitted.
(2)
Hours of operation are limited to 10:00 a.m. to 12:00 a.m.
(3)
Cannot be located any nearer than one thousand five hundred (1,500) feet to any other smoking lounges.
(4)
Minimum separation between uses:
a.
Cannot be located any nearer than two hundred (200) feet to any residential use (measured by the shortest distance between the exterior of the portion of the structure occupied by the smoking lounge to the parcel line of the residential use).
b.
Cannot be located any nearer than two hundred (200) feet to any outdoor playground of a school, childcare facility, religious institution, park, or similar use (measured by the shortest distance between the exterior of the portion of the structure occupied by the smoking lounge to the outer perimeter of the playground).
(5)
Outdoor smoking: Outdoor patios used for smoking cannot be any closer than twenty (20) feet from any other business entrance or outside dining area of another business, nor any nearer than three hundred (300) feet to any residentially used parcel or any outdoor playground of a school, childcare facility religious institution, park, or similar use.
(6)
Odor control: Smoking lounges shall provide adequate ventilation for the smoke in accordance with all requirements imposed by the building and fire departments. At a minimum, the ventilation system shall also assure that smoke from the smoking lounge is incapable of migrating into any other portion of the building hosting the smoking lounge or into any other building or premises in the vicinity of the smoking lounge. A detailed description of the odor control methods and equipment the smoking lounge will utilize to comply with this section shall be required. Exception: outdoor patios approved per subsection (5) above.
(7)
The interior of the smoking lounge shall be maintained with adequate illumination to make the conduct of patrons within the premises readily discernible to persons with normal visual acuity.
(8)
No window coverings shall prevent visibility of the interior of the smoking lounge from outside the premises during operating hours. Any proposed window tint shall be approved in advance by the police department.
(9)
The maximum occupancy level for a smoking lounge shall be established by the fire department.
(o)
Shelters for the homeless, subject to the following conditions:
(1)
The facility must be operated by a recognized human service agency (or religious institution), incorporated by the state and which is not for profit.
(2)
Resident manager and support services shall be provided.
(3)
Cannot be located any nearer than two thousand (2,000) feet to any other emergency shelter for the homeless or soup kitchen.
(4)
Cannot be located any nearer than five hundred (500) feet to any school, park, childcare facility, firearm dealer or business selling alcohol.
(5)
Must be located on a major thoroughfare.
(6)
Maximum occupancy is limited to thirty (30) persons.
(7)
Facilities jointly operated as an emergency shelter for the homeless and soup kitchen must also meet the requirements for soup kitchens.
(p)
Soup kitchens, subject to the following conditions:
(1)
The facility must be operated by a recognized human service agency (or religious institution), incorporated by the state and which is not for profit.
(2)
Must provide proof of license or approval by the Oakland County Health Department.
(3)
Seating shall be provided at one hundred (100) percent of meal service capacity.
(4)
Waiting area(s) shall be on the premise where the meal service is being provided. The owner/operator must ensure that persons receiving service do not block public access to sidewalks, rights-of-way and private property, and that emergency access points are clearly identified and maintained. Adequate space must be available to accommodate the expected number of persons who will be served meals.
(5)
All meals served shall be limited to a consecutive three-hour period within a 24-hour day between the hours of 8:00 a.m. and 7:00 p.m. The hours should be posted and clearly visible to the public. This limitation does not apply to meals served to the residents and staff of a facility that is jointly operated as an emergency shelter for the homeless and a soup kitchen.
(6)
Cannot be located any nearer than two thousand (2,000) feet to any other soup kitchen or emergency shelter for the homeless.
(7)
Cannot be located any nearer than five hundred (500) feet to any school, park, childcare facility, firearm dealer or business selling alcohol.
(8)
Must be located on a major thoroughfare.
(9)
Maximum occupancy is limited to fifty (50) persons.
(q)
Sexually oriented business.
(1)
See article 4section 5.50 sexually oriented business for requirements and conditions.
(2)
The city council may waive the location provision if the following findings are made:
a.
That the proposed use will not be contrary to the public interest or injurious to nearby properties and that the spirit and intent of this chapter will be observed.
b.
That the character of the area shall be maintained.
c.
That all applicable regulations of this chapter will be observed.
d.
That no sexually oriented business is located within two thousand (2,000) feet of the proposed location.
(r)
Cabaret.
(1)
An establishment which wherein food and any type of alcoholic beverage is sold or given away on the premises and the operator holds a yearly license to sell such beverages by the glass and which features any of the following: topless dancers and/or bottomless dancers, go-go dancers, strippers, exotic dancers, male and/or female impersonators or similar entertainers, or topless and/or bottomless waitpersons or employees.
(2)
Purpose. Recognizing that because of their nature, some uses have objectionable operational characteristics, especially when concentrated in small areas, and recognizing that such uses may have a harmful effect on adjacent areas, special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood. These special regulations, and uses subject to these regulations, are as follows:
a.
It shall be unlawful to establish any cabarets except in the B-3 (general business) and I-1 (industrial) districts.
b.
No such uses may be permitted in the B-3 (general business) district within one thousand (1,000) feet of any residential district measured from the lot line of the location of the proposed use.
c.
The city council may waive this location provision if the following findings are made:
1.
That the proposed use will not be contrary to the public interest or injurious to nearby properties and that the spirit and intent of this chapter will be observed.
2.
That the character of the area shall be maintained.
3.
That all applicable regulations of this chapter will be observed.
4.
That no cabaret is located within two thousand (2,000) feet of the proposed location.
d.
Anything herein to the contrary notwithstanding, the city council shall not consider the waiver of the locational requirements as hereinabove set forth until a petition shall have been filed with the city clerk and verified as to sufficiency. Such petition shall indicate approval of the proposed regulated use by fifty-one (51) percent or more of the persons owning property within a radius of one thousand (1,000) feet of the location of the proposed use as measured from the lot line. The petitioner, or his agent, shall attempt to contact all eligible property owners within this radius and must maintain a list of all addresses at which no contact was made.
1.
The petition hereinabove required shall contain an affidavit signed by the party circulating such petition attesting to the fact that the petition was circulated by him and that the circulator personally witnessed the signatures on the petition and that the same were affixed to the petition by the person whose name appeared thereon and that the circulator verily believes that the signers of such petition are persons owning property within one thousand (1,000) feet of the premises mentioned in said petition. Such petition shall also comply with such other rules and regulations as may be promulgated by the city council.
(s)
Medical marihuana provisioning centers (see article 4section 5.22-7 for requirements). Subject to review for upgrades to the site and building(s) for architectural materials, style, compatibility, building elevations, modernization and compliance.
(t)
Small box retail subject to the following conditions:
(1)
Cannot be located any nearer that one (1) mile (5,280 linear feet) as measured from property line to property line to any other small box retail location.
(2)
Hours of operation are limited to 8:00 a.m. to 10:00 p.m.
(3)
Any small box retail location approved prior to the effective date of this section shall be considered a legal nonconforming use.
(u)
Kennel, subject to the following conditions:
(1)
The facility must have an enclosed outdoor run or play area that is designed to prevent objectionable noise or odor.
(2)
All interior operations must have closed windows and maintained air conditioning to limit noise.
(v)
Pet daycare, subject to the following conditions:
(1)
The facility must have an enclosed outdoor run or play area that is designed to prevent objectionable noise or odor.
(2)
All interior operations must have closed windows and maintained air conditioning to limit noise.
(w)
Adult-use marijuana retailers subject to the requirements of article 4, section 5.22-8.
(Ord. No. 1060, 6-8-81; Ord. No. 1104, 10-11-82; Ord. No. 1224, 2-16-87; Ord. No. 1279, 5-22-89; Ord. No. 1282, 5-22-89; Ord. No. 1345, 6-8-92; Ord. No. 1427, 9-24-98; Ord. No. 1501, 5-30-04; Ord. No. 1597, § 1, 11-11-12; Ord. No. 1619, § 5, 3-9-14; Ord. No. 1641, § 6, 5-31-15; Ord. No. 1654, § 7, 3-20-16; Ord. No. 1678, § 13, 7-6-17; Ord. No. 1699, § 14, 12-27-18; Ord. No. 1707, § 1, 9-26-19; Ord. No. 1709, § 9, 10-3-19; Ord. No. 1734, § 8, 4-22-21; Ord. No. 1745, § 10, 11-4-21; Ord. No. 1763, § 5, 1-23-23; Ord. No. 1774, § 4, 8-14-23; Ord. No. 1781, § 3, 12-21-23; Ord. No. 1801, § 2, 12-9-24)
Editor's note— Former subsection (f), which pertained to drive ins and fast food restaurants, was removed by Ord. No. 1707 at the direction of the city.
(1)
All business establishments shall be retail or service establishments dealing directly with consumers. All goods produced on the premises shall be sold at retail on the premises where produced.
(2)
All business, servicing, or processing, except for off-street parking or loading shall be conducted within a completely enclosed building.
(3)
The outdoor storage of goods or materials shall be prohibited irrespective of whether or not they are for sale, except as specifically permitted by other provisions of this district.
(4)
Parking of passenger vehicles not exceeding a net weight of three (3) tons (2.721 metric tons) and all parking shall be for periods of less than forty-eight (48) hours and in accordance with the provisions of article 4. This restriction shall not prohibit the display and storage of vehicles where permitted by other provisions of this district.
(5)
At least fifty (50) percent of any required front yard shall be landscaped. The landscape strip need not be provided at points of approved vehicular access and may incorporate vegetated stormwater control measures. This landscaping requirement is necessary to maintain the transitional character of the area that this district is intended to preserve.
(6)
Landscape plans and green infrastructure/low impact development methods required per article 4section 5.31(21)(b).
(Ord. No. 1275, 5-22-89; Ord. No. 1678, § 13, 7-6-17)
(1)
Necessary directional or regulatory traffic signs which conform to the Michigan Manual of Uniform Traffic Control Devices shall be permitted.
(2)
All light sources shall be shielded from view from residentially zoned property. No lighting fixture shall be so located and directed as to be a hazard to traffic safety.
(Ord. No. 1345, 6-8-92)
See article 22, schedule of regulations, which limits the height and bulk of buildings, determines the permitted development area, and provides minimum yard setback requirements.
Editor's note— Ord. No. 1793, § 14, adopted Aug. 19, 2024, repealed § 5.173, which pertained to provision for a one-year grace period for approved site plans and derived from Ord. No. 1048, adopted Jan. 5, 1981.